Dobbins v. Ponte et al
| Kashawn Dobbins |
| Rivera, Richardson, E.S.U. Captain John Doe, John Doe, Jane Doe and City of New York |
| 1:2015cv03091 |
| April 14, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Wyoming |
| Jesse M. Furman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
71
OPINION AND ORDER re: 53 MOTION for Summary Judgment filed by Kimberly Wiley, C.O. Boyd, C.O. Ortiz, Richardson, Rivera, City of New York. For the foregoing reasons, Dobbins's motions for summary judgment and leave to amend t he Second Amended Complaint are DENIED in their entirety, and Defendants' motion for summary judgment is GRANTED in part and DENIED in part. In particular, Defendants' motion is granted with respect to Dobbins's deliberate indifferenc e claim, his due process claims, and his excessive force (and assault and battery) claim to the extent it is based on Defendants' alleged conduct when Dobbins was escorted from his cell to the intake unit. By contrast, Defendants' motion and Dobbins's cross-motion are denied with respect to the excessive force claims relating to the conduct in Dobbins's cell and in the intake unit. In light of the substance of Dobbins's surviving claims and the need for trial to resol ve them, this Court exercises its discretion under Title 28, United States Code, Section 1915(e)(1), and will seek to obtain pro bono counsel for Dobbins. See Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989). Further, the Court believes i n light of this ruling; the possibility that Dobbins will obtain counsel in short order; and the fact that, all things considered, Dobbins's injuries were relatively minor that the parties should attempt to settle the case without the need for trial. To that end, by separate Order to be entered today, the Court is referring the case to the assigned Magistrate Judge (the Honorable James L. Cott) for settlement purposes only. No later than one week after pro bono counsel enters a notice of a ppearance or September 15, 2016, whichever is earlier, the parties shall contact the Chambers of Magistrate Judge Cott to schedule a settlement conference as soon as possible. In the event that the case does not settle, the Court will issue a furthe r Order with respect to the timing and procedures leading up to trial (the details of which will depend on whether Dobbins is represented or not). The Clerk of Court is directed to terminate Docket No. 53; to terminate Officer Boyd and Hearing Offic er Wiley (each of whom is named only in claims that have been dismissed) as Defendants; and to mail Dobbins a copy of this Opinion and Order. This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from thi s Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). C.O. Boyd (Shield #4585) and Kimberly Wiley (Badge #98) terminated. (Signed by Judge Jesse M. Furman on 8/2/2017) (mml)
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